Untitled

N. KALANDADZE, INTERNATIONAL CONVENTION ON THE PROTECTION OF THE RIGHTS OF ALL ...
Furthermore, monitoring committees elaborate
directives for the States to write reports,
clarify general definitions of the provisions of
the Convention, and arrange discussions related
to the Convention. One of the functions
of the committee also includes the promotion
of enhancement of implementation of provisions
of the Convention by the State Parties
to the Convention on migrant workers.
In accordance with the provisions of Article
76 of the Convention on Migrant workers,
any State Party to this Convention is entitled
to address another State in written form if considers
that this State violates or does not perform
the obligations under the Convention.
After three months from the date of receipt of
the written notification, the State shall submit
explanation or any other statement in written
form to the sending State.
Similar written notification regarding the other
State shall be submitted to the relevant committee
by any State. Within 12 months from
the date of receipt of such notification the committee
shall submit a report. If the decision is
positive, the committee will refer only facts and
solution methods in its report. But if it is not
possible to solve the issue positively, the report
of the committee shall include list of facts
related to issue raised between the States concerned.
From practical or diplomatic point of view,
the States avoid and sometimes even do not
want to be involved in disputes between the
States. It is proved also by the experience of
International Judiciary. Even in well founded
court systems such as in EU and Council of
Europe, the amount of interstate appeals is
very low. 27
Such kind of applications shall be delivered
to the UN Secretary General, who shall
send their copies to the other member States
to the Convention on Migrant Workers. Such
written notification shall be any time abolished
by sending notification to the Secretary General.
In case of threat to peace and security the
UN Security Council may intervene, despite
the facts who lodged the complaint. 28
All abovementioned procedure shall come
into force when ten States Parties to the Convention
on Migrant Workers recognize the
competence of the Committee on migrant
workers to consider communications to the
effect that a State Party claims that another
State Party is not fulfilling its obligations (Article
76, paragraph 2 of the Convention).
Interstate appeals shall remain faithful and
intimidating safe means of traditional nature
of international law. 29
2.3. Procedure of Interstate Appeals
According to the Convention on
Migrant Workers
2.4. Procedure of Individual Appeals
in Accordance with the Convention
on Migrant Workers
Individual appeals are one of the mechanisms
implementing human rights. As the
mechanism of receiving individual appeals
does not operate yet, procedural rules are not
elaborated by the Committee on Migrant Workers
and thus it does not have an experience
in the field of individual appeals. However the
Committee may operate similarly to the procedures
established by other bodies and implement
activities, stipulated by Article 77 of
the Convention on Migrant Workers, through
the same methods. 30
As it is already mentioned a certain element
of sanction may be imposed on a State, if it violates
obligations under the treaty. Therefore,
individual appeals partially help the performance
of obligations related to human rights – perhaps
the State will have an appropriate approach to
the obligations, rather than risk to introduce a
punitive sanction. Negative results often push a
State to change its legislation or practice. 31 It
should be mentioned that the success of individual
appeals is higher when local means are
available to the claimant. 32
3. SPECIAL RAPPORTEURS IN MONITORING
SYSTEMS OF LABOUR MIGRANTS
Human rights monitoring international organizations
often address to Rapporteurs for
assistance.
The Commission requires special Rapporteurs
33 to discuss obstacles related to the implementation
of migrant rights, including legal
and illegal migrants. 34
Upon receiving the information on violation
of rights of migrants, Special Rapporteur
shall immediately send an appeal or address
to the relevant State, in order to clarify the
situation and/or to draw attention on them. 35
143